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  • Article

    Delaware Court Applies Step Transaction Doctrine To "Ensure The Fulfillment Of Parties’ Expectations" In Merger Agreement

    Refuses to allow "technical formalities" of transaction structure to "affect how the law views the substance of what truly occurred".
    United StatesCorporate/Commercial Law
    Milbank
    Milbank
  • Article

    Fourth Circuit Aligns With Second Circuit: "Purposeful" Standard Of Mens Rea Required Under Alien Tort Statute

    In a decision issued last week, the Fourth Circuit Court of Appeals chimed in on the evolving dialogue in the federal appellate courts regarding the scope of a corporation’s aiding and abetting liability under the Alien Tort Statute ("ATS").
    United StatesCorporate/Commercial Law
Milbank
Milbank
  • Article

    IRS Notice 2016-31: Beginning Construction Under The PATH Act

    On May 5, 2016, the IRS released Notice 2016-31, which clarifies the circumstances under which a taxpayer will be treated as having begun construction...
    United StatesEnergy and Natural Resources
    Milbank
    Milbank
  • Article

    Things The Media Believes The Volcker Rule Says … But It Actually Doesn’t

    Section 619 of the Dodd-Frank Act (commonly known as the "Volcker Rule") is an extremely complicated piece of legislation and financial regulation.
    United StatesFinance and Banking
    Milbank
    Milbank
  • Article

    Space Business Review - January 2016

    On January 25, the U.S. Air Force (USAF) certified the latest version of the Space Exploration Technologies Corp.
    United StatesTransport
    Milbank
    Milbank
  • Article

    Space Business Review November 2023

    Zephr, a start-up working to develop a networked global positioning system (GPS) solution that leverages mobile devices as base stations in order to advance...
    GlobalTransport
    Milbank
    Milbank
  • Article

    Be Careful What You Wish For - SEC Penalties Act And ‘Southern Union’

    In the fallout of the 2007-2008 financial crisis, the Securities and Exchange Commission has been attacked for the size of penalties paid by the industry in settlements with the regulator.
    United StatesCorporate/Commercial Law
    Milbank
    Milbank
  • Article

    Delaware Court Blocks Sale Of Bank Stripped Of Its "Criticized Assets"

    In In re BankAtlantic Bancorp, Inc., the Delaware Court of Chancery recently permanently enjoined the proposed sale of a troubled financial institution via a "good bank/bad bank" structure on the basis that it would violate "boilerplate" successor obligor provisions in indentures governing the terms of outstanding public securities.
    United StatesCorporate/Commercial Law
    Milbank
    Milbank
  • Article

    The Spousal Unity Rule: An Unconstitutional Grantor Trust Trigger

    Unsurprisingly, Congress has long chosen to tax a married grantor on trust income, so long as the grantor's spouse is included in the class of beneficiaries. The grantor of a trust, Congress apparently reasoned...
    United StatesFamily and Matrimonial
    Milbank
    Milbank
  • Article

    "All That Glitters Is Not Gold": The Federal Reserve's Un-Supported Recommendation To Eliminate Merchant Banking Investments

    On September 8, 2016, three federal agencies, the Board of Governors of the Federal Reserve the FDIC and the Office of the OCC issued a lengthy 107 page report to Congress and the FSOC.
    United StatesFinance and Banking
    Milbank
    Milbank
  • Article

    Seeking Disapproval: Presidential Review Of ITC Orders

    A recent trend in patent litigation is the increasing importance of litigating in the U.S. International Trade Commission.
    United StatesIntellectual Property
    Milbank
    Milbank
  • Article

    Guide To The New UK Securitisation Rules

    The UK Securitisation Regulations 2024 and new rules from the FCA and PRA came into effect on 1 November 2024, replacing the EU Securitisation Regulation. The updated rules, outlined in the FCA's Securitisation Sourcebook and PRA Rulebook, aim to align with the UK's Smarter Regulatory Framework for financial services.
    United KingdomFinance and Banking
    Milbank
    Milbank
  • Article

    European Central Bank (ECB) Publishes Final Guidance On Leveraged Lending Transactions

    Following publication of its draft guidance on leveraged lending transactions on 23 November 2016 and conclusion of a public consultation process, the ECB has published the final form of its guidance...
    United StatesFinance and Banking
    Milbank
    Milbank
  • Article

    Combatting ‘Greenwashing': New Proposals From The UK Financial Conduct Authority ("FCA")

    The FCA has recently published a Consultation Paper (CP22/20) aimed at addressing its "growing concerns that firms may be making exaggerated...
    United KingdomLitigation, Mediation & Arbitration
    Milbank
    Milbank
  • Article

    Seventh Circuit Affirms Bankruptcy Court Ruling That Sale Of Assets Through Plan May Not Use "Indubitable Equivalent" Standard To Prevent Secured Creditors From Credit Bidding

    The Seventh Circuit recently issued an opinion1 in the bankruptcy case of River Road Hotel Partners, LLC disagreeing with the Third Circuit’s holding in In re Philadelphia Newspapers, LLC2 regarding a free-and-clear sale of assets under a Chapter 11 plan that denied a secured creditor the right to credit bid.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Milbank
    Milbank
  • Article

    Delaware Court Delays Shareholders Meeting Called To Approve Merger Pending Distribution Of Enhanced Disclosures

    While dismissing challenge to board process, Court criticizes disclosures of financial advisor compensation and post-closing employment opportunities for target CEO
    United StatesCorporate/Commercial Law
    Milbank
    Milbank
  • Article

    A Win For AI Developers? Getty Images v. Stability AI

    In an important decision considering the interplay between Artificial Intelligence ("AI") and English copyright and trademark laws, the English High Court handed down judgment in the longstanding...
    United StatesTechnology
    Milbank
    Milbank
  • Article

    The Spousal Unity Rule: An Unconstitutional Trigger Of Grantor Trust Tax

    Unsurprisingly, Congress has long chosen to tax a married grantor on trust income, so long as the grantor's spouse is included in the class of beneficiaries.
    United StatesTax
    Milbank
    Milbank
  • Article

    Space Business Review - September 2012

    A monthly round-up of space industry developments for the information of our clients and friends.
    United StatesTransport
    Milbank
    Milbank
  • Article

    Deferential Business Judgment Rule Can Apply To Going Private Transactions With Controlling Stockholders

    Court of Chancery determines that the use of both a special committee and majority-of-the-minority vote will result in application of the business judgment rule.
    United StatesCorporate/Commercial Law
    Milbank
    Milbank
  • Showing 661–680 of 736 results

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